Requirement to issue reasoned decision
Papua New Guinea
Organic Law on National and Local-levelGovernment Elections. Part 18. Disputed Elections, Returns, ETC. p96.
212. POWERS OF COURT.
(1)In relation to any matter under this part the National Court shall sit as anopen court and may, amongst other things–
(a)adjourn; and
(b)compel the attendance of witnesses and the production of documents; and
(c)grant to a party to a petition leave to inspect, in the presence of aprescribed officer, the Rolls and other documents (except ballot-papers) usedat or in connection with an election and take, in the presence of theprescribed officer, extracts from those Rolls and documents; and
(d)order a re-count of ballot-papers in an electorate; and
(e)examine witnesses on oath; and
(f)declare that a person who was returned as elected was not duly elected; and
(g)declare a candidate duly elected who was not returned as elected; and
(h)declare an election absolutely void; and
(i)dismiss or uphold a petition in whole or in part; and
(j)award costs; and
(k)punish contempt of its authority by fine or imprisonment.
(2)The Judges of the National Court may make rules of court with respect topre-trial conferences and procedures relating to procedures under this Part.
(3)The Court may exercise all or any of its powers under this section on suchgrounds as the Court in its discretion thinks just and sufficient.
(4)Without limiting the powers conferred by this section, the power of the Courtto declare that a person who was returned as elected was not duly elected, orto declare an election absolutely void, may be exercised on the ground thatillegal practices were committed in connection with the election.
